Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction

Rizky Melani Dian Pratiwi; Hanif Nur Widhiyanti; Diah Aju Wisnuwardhani

doi:10.47268/ballrev.v4i2.1713

Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction

Rizky Melani Dian Pratiwi⁽¹⁾, Hanif Nur Widhiyanti⁽²⁾, Diah Aju Wisnuwardhani⁽³⁾

(1) Faculty of Law Brawijaya University, Malang, Indonesia
(2) Faculty of Law Brawijaya University, Malang, Indonesia
(3) Faculty of Law Brawijaya University, Malang, Indonesia
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Corresponding Author

Abstract

Introduction: Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.

Purposes of the Research: The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.

Methods of the Research: The research method used is normative legal research.

Results of the Research: The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.

Keywords

Legal Protection; Auction Winner; Execution of Liability.

DOI

10.47268/ballrev.v4i2.1713

Published

2023-12-02

How To Cite

APA: Dian Pratiwi, R.M., Widhiyanti, H.N., & Wisnuwardhani, D.A. (2023). Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction. Batulis Civil Law Review, 4(2), 129-142. DOI: https://doi.org/10.47268/ballrev.v4i2.1713.

IEEE: R.M. Dian Pratiwi, H.N. Widhiyanti, and D.A. Wisnuwardhani, "Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction", Batulis Civ. Law Rev., vol. 4, no. 2, pp. 129-142, Dec. 2023. Accessed on: May. 2, 2025. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v4i2.1713

Harvard: Dian Pratiwi, R.M., Widhiyanti, H.N., and Wisnuwardhani, D.A., (2023). "Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction". Batulis Civil Law Review, Volume 4(2), pp. 129-142. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v4i2.1713 (Accessed on: 2 May 2025)

Chicago: Dian Pratiwi, Rizky Melani, Hanif Nur Widhiyanti, and Diah Aju Wisnuwardhani. "Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction." Batulis Civil Law Review 4, no. 2 (November 14, 2023): 129-142. Accessed May 2, 2025. doi:10.47268/ballrev.v4i2.1713

Vancouver: Dian Pratiwi RM, Widhiyanti HN, Wisnuwardhani DA. Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction. Batulis Civ. Law Rev. [Internet]. 2023 Dec 2 [cited 2025 May 2];4(2):129-142. Available from: https://doi.org/10.47268/ballrev.v4i2.1713

MLA 8th: Dian Pratiwi, Rizky Melani, Hanif Nur Widhiyanti, and Diah Aju Wisnuwardhani. "Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction." Batulis Civil Law Review, vol. 4, no. 2, 14 Nov. 2023, pp. 129-142, doi:10.47268/ballrev.v4i2.1713. Accessed 2 May. 2025.

BibTeX:

@article{BALLREV1713,
		author = {Rizky Dian Pratiwi and Hanif Widhiyanti and Diah Wisnuwardhani},
		title = {Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction},
		journal = {Batulis Civil Law Review},
		volume = {4},
		number = {2},
		year = {2023},
		keywords = {Legal Protection; Auction Winner; Execution of Liability.},
		abstract = {Introduction: Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.Purposes of the Research: The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.Methods of the Research: The research method used is normative legal research.Results of the Research: The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.},
				issn = {2746-8151},		pages = {129--142}			doi = {10.47268/ballrev.v4i2.1713},
				url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1713}
		}

RefWorks:

Citation format: Download Citation:

Journal Article

Haprabu, Satya, and Burhanudin Harahap. “Penjualan Lelang Barang Jaminan Hak Tanggungan Menurut Perspektif Hukum Islam.” Jurnal Repertorium 4, no. 1 (2017): 52–60.

Jayanti, Offi, and Agung Darmawan. “Pelaksanaan Lelang Tanah Jaminan Yang Terikat Hak Tanggungan.” Kanun Jurnal Ilmu Hukum 20, no. 3 (2018): 457–72. https://doi.org/10.24815/kanun.v20i3.11830.

Saputri, Dea Mahara. “Perlindungan Hukum Terhadap Pembeli Lelang Dalam Pelaksanaan Lelang Eksekusi Hak Tanggungan.” Pamulang Law Review 2, no. 1 (2020): 7–12.

Book

Harsono, Budi. Hukum Agraria Indonesia. Jakarta: Universitas Trisakti, 2013.

Khairandy, Ridwan. Itikad Baik Dalam Kebebasan Berkontrak. Jakarta: Program Pascasarjana, Fakultas Hukum Universitas Indonesia, 2003.

Rahardjo, Satjipto. Ilmu Hukum. Bandung: Citra Aditya Bakti, 2000.

Santoso, Urip. Hukum Agraria : Kajian Komprehensif. Jakarta: Kencana Prenada Media Group, 2017.

Sidabariba, Burhan. Lelang Eksekusi Hak Tanggungan: Meniscayakan Perlindungan Hukum Bagi Para Pihak. Jakarta: Papas Sinar Sinanti, 2019.

Subekti. Aneka Perjanjian. Bandung: Aditya Bakti, 2014.

Supramono, Gatot. Perjanjian Utang Piutang. Jakarta: Kencana Prenada Media Group, 2013.

Sutedi, Adrian. Hukum Hak Tanggungan. Jakarta: Sinar Grafika, 2012.

Sutiarnoto. Peraturan Hukum Lelang Di Indonesia. Medan: USU Press, 2018.

Utomo, Hatta Isnaini Wahyu. Memahami Pelaksanaan Tugas Jabatan Pejabat Pembuat Akta Tanah. Yogyakarta: Phoenix Publisher, 2019.

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership which becomes the Object of the Auction

2.	Creator	Author's name, affiliation, country	Rizky Melani Dian Pratiwi; Faculty of Law Brawijaya University, Malang; Indonesia

2.	Creator	Author's name, affiliation, country	Hanif Nur Widhiyanti; Faculty of Law Brawijaya University, Malang; Indonesia

2.	Creator	Author's name, affiliation, country	Diah Aju Wisnuwardhani; Faculty of Law Brawijaya University, Malang; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Legal Protection; Auction Winner; Execution of Liability.

4.	Description	Abstract	Introduction: Article 45 paragraph 1 letter e creates legal uncertainty regarding the rights of the auction winner in terms of transfer of rights and control of the auction object due to a blockade from the debtor or other party.Purposes of the Research: The purpose of this research is to examine the legal certainty of Article 45 Paragraph 1 Letter e of Government Regulation No. 24 of 1997 concerning Land Registration against blocking of auction objects and legal protection for auction winners executing mortgage rights in the event of blocking of auction objects.Methods of the Research: The research method used is normative legal research.Results of the Research: The results of the study show that the form of legal protection for the auction winner is preventive legal protection, in which the name transfer process by the auction winner should still be carried out by understanding the meaning of Article 45 paragraph 1 lettere, namely the material claim or dispute referred to is limited to ownership disputes, not debts. Furthermore, legal protection is repressive, i.e. the auction winner can request assistance from the District Court to empty the object. The auction winner can hold the seller accountable in the form of compensation, and the auction winner can file a lawsuit against the unlawful act against the blockade applicant and the Land Office as the institution authorized to carry out block records.

5.	Publisher	Organizing agency, location	Faculty of Law, Universitas Pattimura

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2023-12-02

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1713

10.	Identifier	Digital Object Identifier	10.47268/ballrev.v4i2.1713

11.	Source	Title; vol., no. (year)	Batulis Civil Law Review; Vol 4, No 2 (2023): VOLUME 4 ISSUE 2, NOVEMBER 2023

12.	Language	English=en	en

13.	Relation	Supp. Files	Legal Protection for Buyers of Mortgage Rights Execution Auctions in the Case of Blocking the Certificate of Ownership (SHM) which becomes the Object of the Auction (99KB)

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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